Minority Leader Dr. Cassiel Ato Forson has accused the Judge presiding over his case related to the purchase of some ambulances of bias.
They moved an application for the Judge, Justice Afia Serwah Asare-Botwe, to recuse herself.
The former deputy finance minister, accused of causing financial loss to the state, had requested witness summons for some of his witnesses, including former health minister Alex Segbefia. Despite filing witness statements, the witnesses were difficult to secure for testimony.
The Judge questioned the use of a motion to compel witness appearance and warned of possible arrest warrants if they failed to appear. A few weeks later, Ato Forson’s lawyers applied for the judge’s recusal, claiming bias due to her cautionary statements portraying the witnesses as potential criminals.
During the court session, Dr. Bassit Bamba, representing Ato Forson, argued that the Judge lacked jurisdiction to hear the recusal application, asserting that she became the subject matter of the application. He cited precedence and argued that the Judge’s statements violated his client’s right to a fair trial.
The Judge questioned the reasoning behind filing the application if she was considered unfit to hear it. Ato Forson’s lawyers clarified that they didn’t claim unwillingness from the witnesses but rather difficulties in reaching them.
The Attorney General, Godfred Yeboah Dame, deemed the application unmeritorious and defended the Judge’s authority to hear the matter despite the bias allegations.
The case was adjourned to October 12 for the Judge to rule on both the objection to her jurisdiction and the application for recusal.
An additional application by Dr. Ato Forson for the release of his passport was not heard, pending the ruling in October, as the Judge believed her capacity to hear the application depended on the upcoming decision.